§ 11-13-228 — Water District Water Development Council.

Utah § 11-13-228

• Jurisdiction: Utah
• Title 11: Cities, Counties, and Local Taxing Units
• Ch. 11-13: Interlocal Cooperation Act
• Part 11-13-2: Public Agencies' Joint Exercise of Powers

Text

(1) As used in this section:
(1)(a) "Council" means the Water District Water Development Council created pursuant to this section.
(1)(b) "Division" means the Division of Water Resources.
(1)(c) "Generational" means sufficient to meet anticipated demand for 50 to 75 years.
(1)(d) "Generational water infrastructure" means physical facilities or other physical assets designed to meet generational demands for water.
(1)(e) "State or local entity" means:
(1)(e)(i) a department, division, commission, agency, or other instrumentality of state government; or
(1)(e)(ii) a political subdivision or the political subdivision's instrumentalities.
(1)(f) "Water agent" means the Utah water agent appointed by the governor under Section 73-10g-702.
(1)(g) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act.
(2) (2)(a) Subject to the provisions of this part, the four largest water conservancy districts in the state based on operating budgets shall enter into an agreement with one another and the division to form the Water District Water Development Council as a joint administrator of a joint or cooperative undertaking.
(2)(b) The members of the council shall consist of:
(2)(b)(i) the general manager or the general manager's designee for each of the water conservancy districts described in Subsection (2)(a); and
(2)(b)(ii) the director of the division, who will represent the needs of the portions of the state that are not served by the water conservancy districts in the agreement.
(2)(c) Members of the council may not receive compensation, per diem, or expenses for service on the council.
(2)(d) The council shall appoint a director to manage operations of the council. The council shall set the salary for the director and the director serves at the pleasure of the council.
(2)(e) The council shall establish and maintain office space and staff for the council and the water agent. The water conservancy districts that enter into the agreement shall pay the costs of the office space and staff that are directly related to the activities of the council, including staff from a water conservancy district that is assigned to work with the council, except that, to the extent appropriated by the Legislature, the state shall pay the costs of the water agent and any costs for non-district staff hired to solely work for the council or water agent.
(3) (3)(a) The council may not own or operate water infrastructure, but may advise a water conservancy district that enters into the agreement about the development of generational water infrastructure by a water conservancy district.
(3)(b) For the generational water needs of the citizens of Utah and within the authorities given to the water conservancy districts represented on the council in Title 17B, Chapter 2a, Part 10, Water Conservancy District Act, the council shall jointly plan for generational water infrastructure and advance the responsible development of water within the jurisdiction of the water conservancy districts represented on the council to address water users' generational need for adequate and reliable water supplies, including:
(3)(b)(i) assessing generational water needs based on population growth and economic development;
(3)(b)(ii) identifying possible sources to meet the generational water needs;
(3)(b)(iii) exploring physical interconnections and joint operations of generational water infrastructure that exist as of May 1, 2024, and into the future;
(3)(b)(iv) assessing water conservation as a component of generational water supplies and environmental conservation efforts;
(3)(b)(v) scoping solutions to determine the most viable pathways for meeting generational water needs;
(3)(b)(vi) collecting and analyzing data necessary to make informed decisions regarding generational water needs;
(3)(b)(vii) coordinating with other water suppliers within the state as needed;
(3)(b)(viii) making recommendations to the Legislature regarding projects, funding, and policy changes to provide for generational water needs; and
(3)(b)(ix) annually reporting findings and recommendations to:
(3)(b)(ix)(A) the governor;
(3)(b)(ix)(B) the president of the Senate;
(3)(b)(ix)(C) the speaker of the House of Representatives;
(3)(b)(ix)(D) the Legislative Water Development Commission created by Section 73-27-102;
(3)(b)(ix)(E) the Natural Resources, Agriculture, and Environment Interim Committee; and
(3)(b)(ix)(F) the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3.
(3)(c) The council shall coordinate with the division regarding the need for generational water infrastructure and how to meet that need and, as part of this coordination the council shall assist the division in the division's development of a state water plan under Section 73-10-15.
(3)(d) The council shall receive input from and coordinate with the water agent.
(3)(e) The council may not levy, assess, or collect ad valorem property taxes or issue bonds.
(3)(f) The council shall adopt policies for procurement that enable the council to efficiently fulfill the council's responsibilities under the agreement.
(3)(g) The council is advisory and may not establish policy for the state.
(3)(h) The council does not control money used to fund water infrastructure.
(4) Subject to Title 63G, Chapter 2, Government Records Access and Management Act, upon request of the council, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity.
(5) Nothing in this section restricts the ability of a water conservancy district to contract under Subsection 17B-2a-1004(2).

Legislative History

Enacted by Chapter 522, 2024 General Session